Guarantees of the Right to Sue in the Islamic Republic of Iran’s Legal System Focusing on the Guardian Council Views

Document Type : Original Article

Authors

1 Assistant Professor at Department Of Public Law, Faculty Of Law, Tarbiat Modarres Universit, Tehran, Iran

2 Ph.D. Student in Public Law, Imam Sadeq University, Tehran, Iran

3 Ph.D. in Public Law, University of Tehran, Tehran, Iran

Abstract

Explaining and reviewing the guarantees derived from the Guardian Council's practice of protecting individuals' right to sue, in addition to theoretical achievements, can familiarize the legislators with the council's approach to restrictions contrary to this right. Examining the Guardian Council's procedure and extracting the cases in which this council, in its position of protecting the right of individuals to sue, deems them to be deprived or restricted of this right, is the spot which the main question of this research emerges. Based on descriptive-analytical studies, It was concluded that the Guardian Council, in the position of implementing the resolutions of the Islamic Consultative Assembly with the Constitution, based on Article 34 of this law, has considered as guarantees for the right of individuals to sue and has considered non-observance of these cases as limiting or depriving this right. These phrases of the law are essential in this regard: "recognizes the opinions of quasi-judicial authorities as objectionable", "considers unjustified the monopoly of the Court of Administrative Justice "Judicial authorities", "Opposition to unjustified legal procedures", "Opposition to granting immunity to individuals in judicial proceedings", "The need to specify the possibility of litigation and referral to judicial authorities" and "Contradiction of the obligation of individuals to refer to non-judicial authorities for settlement Hostility or oppression”

Keywords

References

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History

  • Receive Date: 29 April 2021
  • Revise Date: 03 May 2021
  • Accept Date: 19 May 2021

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